Questions & Answers from your HOA Board of Directors
March 19, 2022
Question: Why is the Board suddenly enforcing restrictions about pets?
- The Board received questions from prospective home buyers and realtors regarding the pet restrictions, and had to reply informing/confirming what those restrictions are.
- While some homeowners were told, and even have documentation stating that these restrictions were changed long ago, the Board has investigated and found that the restrictions were not amended. Any validly approved change is required to be filed, and we have confirmed none was ever filed.
- The Board is currently providing support to a homeowner who is interested in gathering the requisite signatures to change the pet restrictions. The Board will ensure that proper process is followed and, if so, that everything is properly filed and recorded so that the amendment is valid, and becomes a permanent part of the governing documents thereafter.
Question: What right does the Board have to create new By Laws or amend existing By Laws?
Answer: None. The Board cannot create new By Laws or amend the existing By Laws. However, the By Laws empower the Board of Directors to “Adopt rules and regulations as needed to clarify or enforce the current Declaration, By Laws, or Articles of Incorporation”. This means the Board cannot make any rule that contradicts those other documents, but can make rules that clarify or enforce them. This Board did so, and called them “Community Rules”.
Reference: By Law Amendments dated 07/24/2001 Article 7.1(5) (Page 16 of our governing documents)
Question: Why did the Board create a “Community Rule” prohibiting enclosed additions?
- The Board has responsibility for deciding whether to approve or not approve exterior alterations proposed or undertaken by homeowners while considering “harmony of external design and location in relation to surrounding structures and topography”. Every Board must make decisions within this very large gray area. Because we all live in the same community on lots with very small footprints, and in order to maintain consistency, this Board decided not to approve enclosed additions to homes, and shared this decision with all homeowners for awareness.
Reference: Declaration of Covenants, Conditions and Restrictions Article 5.1 (Page 12 of our governing documents)
- Community Rules can be overturned by the next Board, if they desire. Also, the existing Board would be happy to hear from homeowners. This Association belongs to the Members. If there is enough desire among homeowners to allow certain exterior alterations, we are more than willing to hear and consider that. The Board can be reached at: firstname.lastname@example.org
Question: Why is the Association suing one of our Association Members?
Answer: The Board is not at liberty to discuss pending litigation, however the Complaint and other pleadings filed in the case are public and can be found by following the instructions below:
Go to this web address: http://prothysearchnew.yorkcountypa.gov/(S(ppibi5kcsksiftqy0ucfmav5))/Default.aspx
Search by Participant Name: Buttonwood
Start Date: 1/11/2022
Question: What recourse does a Member have if s/he feels the Board is treating her/him unfairly as relates to the Governing Documents?
- Reach out to us! The Board promptly responds to questions and concerns that are shared with us via our email address (email@example.com). We can also schedule a phone call or in person discussion with you if you would like.
- In addition, a homeowner may request a hearing before the Board of Directors regarding any sanctions/fines levied against them. This can be done via letter or email within 10 days of receiving the sanction/fine.
Reference: By Law Amendments dated 07/24/2001 Article 7.1(5c) (Page 16 of our governing documents)